RAIL BALTICA BUSINESS NETWORK ESTONIA
FOR COMPLIANCE WITH COMPETITION LAW
Rail Baltica Business Netvork Estonia (RBBN) acknowledges and complies with the key PRINCIPLES arising from applicable competition law, including:
- protection of competition for the benefit of free enterprise;
- preventing and eliminating restriction, elimination and distortion of competition.
RBBN as a forum (between undertakings) is connected in two ways with the principles of competition law:
- RBBN as an organisation: RBBN decisions must not restrict competition;
- RBBN as a meeting place / forum: interactions are subject to restrictions of competition law.
PROHIBITED ACTIVITIES: Competition law prohibits all agreements between undertakings, concerted practices and decisions of an association of undertaking, which have an anti-competitive objective or effect, including:
- direct or indirect fixing of price and other trading conditions for third parties;
- limiting of production, service, product market, technical development or investment ;
- sharing a goods market or source of supply, including restricting access of a third party to the goods market or attempts to exclude him/her from there;
- exchange of information which restricts competition;
- agreeing on the implementation of different conditions for equivalent agreements which put business partners at a competitive disadvantage;
- imposing on third parties a requirement for taking additional obligations for the conclusion of an agreement that are not related to the subject-matter of the agreement.
Consequently, THE FOLLOWING SHALL NOT BE DISCUSSED IN THE FRAMEWORK OF RBBN:
- participation in future (public) procurements without a clear need for a joint tender;
- “allocation” of procurement and other contracts / markets / customer relationships, including the submission of “additional” bids;
- pricing (future bids), including coordination of pricing policies (including those that initially seem fair and just);
- exchange of non-public information that is sensitive to competition (in particular forward-looking information that allows for predicting the market behaviour of a particular undertaking);
- a collective boycott of third parties or other (unfavorable) restrictions on them.
At RBBN meetings:
- we keep minutes of substantive discussions and keep those discussions within the framework of the RBBN objectives;
- we ensure that the exchange of information and documents between members takes into account the above.